BIRENDRA RAJBONGSHI Vs. PARUL RAJBONGSHI

JUDGEMENT

(1.) Heard

(2.) The appellant/husband is before this court assailing the judgement dated 29.07.2016, passed by the District Judge, Chirang, Kajalgaon, in Title Suit (D) No. 51/2015. By the said judgement, the petition filed by the appellant under Sec. 13(1)(i) and (i-b) of the Hindu Marriage Act, 1955 (for short, "the Act") was dismissed. The appellant, therefore, claiming to be aggrieved by the same, is before this court in this appeal.

(3.) The brief facts of the case are that the marriage between the parties was solemnized on 28.08.1983. From the marriage, a male child was born on 11.12.1984. When this was the position, the appellant herein filed a petition in the year 2015 seeking dissolution of marriage. The case, as put forth in the petition, was that the marriage of the appellant with the respondent was solemnized against his will at the behest of some local people. In that view it was contended by the appellant that the marriage was not consummated and, in that circumstance, had contended that the respondent herein had deserted the appellant and also an allegation was made with regard to adultery that had been committed by the respondent due to which the same amounted to mental cruelty and in that light had sought for dissolution of the marriage. The respondent, who had appeared in the proceedings, had filed written statement. Though the marriage was admitted, it was denied that the marriage was forced upon the parties and the allegation of desertion as well as cruelty was disputed by the respondent. The court below, having taken into consideration the rival contentions, had framed six issues for consideration, which read as herein below: